May an employer use a search firm for sick leave?
In some cases, an employer may doubt the sincerity of an employee who calls in sick. How far may an employer go in monitoring sick leave, and what legal limits should be observed? In this article, we discuss a notable case revolving around the use of an investigative agency in sick leave.
Engage investigative experts in sick leave cases
In a case involving the delivery company PieterPot, which delivers durable groceries, an employee was reported sick with neck pain. Doubting the legality of the sick leave, the company decided to hire a detective agency to follow the employee. The agency found that her neck moved smoothly when she walked outside and even while looking at her phone. Furthermore, she was spotted at a festival, where she was actively dancing and even headbanging. She also appeared to be lifting heavy items, such as garbage and cat food.
Given the observations, PieterPot decided to fire the employee with immediate effect.
Judge rules on dismissal
The employee disagreed with the dismissal and went to court. She claimed several severance payments. The judge held that the summary dismissal was not justified. PieterPot had not properly substantiated the use of the detective agency. A detective agency may only be used if there is concrete evidence of serious misconduct or abuse of sick leave. In this case, PieterPot had only acted on a "gut feeling," which was not sufficient grounds for dismissal. Engaging the agency was disproportionate.
Moreover, PieterPot should have consulted the company doctor to verify whether the employee was actually able to perform the activities she was performing, such as lifting heavy objects and dancing at a festival. Not consulting the company doctor was considered a lapse on the part of the employer.
Effects on the employer
Ultimately, the judge ruled that the dismissal was not justified and awarded the employee severance pay of approximately 30,000 euros. This case highlights how important it is for employers to act carefully when considering using a search firm. It is essential that there be clear and substantial evidence of abuse before such steps are taken. Moreover, employers should always follow proper procedures, such as consulting a company doctor.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about dismissal law. Please feel free to contact us .
April 2025
